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OST Docket Filings for November 16, 2012

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November 20, 2012 9:41 AM Pacific Time

Applications and Renewals:

None

Answers and Replies:

None

Notices of Action Taken:

Performance Air - Bahamas-US Charters Renewal

Notices and Orders:

Bluebird Cargo - Granting Exemption and Show Cause (Iceland-US All-Cargo)

EAS at Akutan, AK - Selecting Carrier (Grant Aviation)

EAS at Clovis and Silver City/Hurley/Deming, NM - Extending Service Obligation (Great Lakes Aviation)

EAS at Ely, NV - Extending Current Subsidy Rate

EAS at Silver City/Hurley/Deming, NM - Approving Alternate Service Pattern

Review and Approval of Public Charter Prospectuses - Notice of Guidance




Bluebird Cargo Ltd (Blafugl ehf)

Order 2012-11-16
OST-2003-16018 - Foreign Air Carrier Permit - Iceland-US All-Cargo Scheduled and Charters
OST-2003-16019 - Exemption - Iceland-US All-Cargo Charters

Issued and Served November 16, 2012

Order Granting Exemption and to Show Cause

We grant the request of Bluebird Cargo Ltd (Blafugl ehf) for renewal and amendment of its exemption under 49 USC §40109 for the services:

  • foreign scheduled and charter air transportation of property and mail between any point or points in Iceland and any point or points in the United States;
  • foreign scheduled and charter air transportation of property and mail between any point or points in the United States and any other point or points;
  • other all-cargo charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s regulations; and
  • transportation authorized by any additional route rights made available to European Union carriers under the Agreement in the future.

With respect to the applicant’s request for a foreign air carrier permit in this proceeding, we direct all interested persons to show cause why our tentative decision on that application, set forth above, should not be made final. Any interested person objecting to the issuance of an order making final our tentative findings and conclusions with respect to the applicant’s request for a foreign air carrier permit shall, no later than twenty-one calendar days after the date of service of this order, file with the Department.

By: Paul Gretch

http://www.bluebirdcargo.com/

Index

Essential Air Service at Akutan, Alaska

Order 2012-11-15
OST-2000-7068

Issued and Served November 16, 2012

Order Selecting Carrier

By this Order, the Department is selecting Grant Aviation, Inc. to provide Essential Air Service at Akutan, Alaska, for two years, beginning as soon as the carrier inaugurates scheduled service at annual subsidy rates of $724,025 for the first six months of service and $579,220 for the remainder of the contract.

By: Susan Kurland

Index

Essential Air Service at Clovis and Silver City/Hurley/Deming, New Mexico


Order 2012-11-17
OST-1996-1902 - Clovis
OST-1996-1903 - Silver City/Hurley/Deming

Issued and Served November 16, 2012

Order Extending Service Obligation

By this Order, the Department of Transportation extends the Essential Air Service obligation of Great Lakes Aviation, Ltd. at Clovis and Silver City/Hurley/Deming, New Mexico, for an additional 30 days, through January 1, 2013.

By: Todd Homan


Order 2012-11-19

OST-1996-1903 - Silver City/Hurley/Deming

Issued and Served November 16, 2012

Order Approving Alternate Service Pattern

By this Order, the Department of Transportation is approving the request of Great Lakes Aviation, Ltd. to change the hub destination of Silver City/Hurley/Deming, New Mexico from Albuquerque International Sunport Airport to include Phoenix Sky Harbor International Airport effective October 1, 2012.

By: Todd Homan

http://www.airport.cityofclovis.org/ - Clovis Municipal Airport
http://www.grantcountynm.com/airport.html
- Grant County Airport

Index

Essential Air Service at Ely, Nevada

Order 2012-11-18
OST-1995-361

Issued and Served November 16, 2012

Order Extending Current Subsidy Rate

By this Order, the Department of Transportation extends the current subsidy rate for Great Lakes Aviation, Ltd., established by Order 2010-9-13, issued on September 14, 2010, for the provision of Essential Air Service at Ely, Nevada, for the period October 1, 2012, until further Departmental action while we examine Ely’s long-term eligibility in the EAS program.

By: Susan Kurland

http://www.elyairport.org - Ely Airport

Index

Performance Air Ltd

OST-2009-0139 - Exemption - Bahamas-US Charters

Filed October 11, 2012 | Issued November 15, 2012

Notice of Action Taken

Renew exemption from 49 USC § 41301 to engage in charter foreign air transportation of persons, property and mail between a point or points in the Bahamas and a point or points in the United States, and other charters subject to Part 212 of the Department’s rules, using small aircraft.

The applicant specifically states that it provides its services using small aircraft.

By: Paul Gretch

http://www.performance-air.com/

Index

Review and Approval of Public Charter Prospectuses

Issued November 13, 2012 | On File at Federal Register November 19, 2012

Notice of Guidance

The abrupt cessation of service by the public charter operator, Southern Sky Air & Tours, LLC d/b/a Direct Air, in March 2012, and its subsequent bankruptcy, resulted in the cancellation of numerous charter flights and disrupted the travel plans of thousands of consumers. In light of the Direct Air collapse, the Office of International Aviation’s Special Authorities Division, in conjunction with the Office of Aviation Enforcement and Proceedings has revised its policies regarding the review and approval of public charter prospectuses filed under 14 CFR Part 380 and the related enforcement policy.

In the future, pursuant to the public interest responsibilities we have under 14 CFR 380.24, we will no longer approve public charter prospectus filings that do not, as part of the filings, contain:

  1. A statement, in addition to that required under section 380.28(a)(1)(iii), confirming that the contracts between the public charter operator and the direct air carriers include the full cost of the direct air service; that is, contracts between the tour operator and the direct air carriers must be all-inclusive and cannot be ACMI (i.e., fuel or ground handling cannot be addressed in separate contracts between the public charter operator and a third-party vendor); and
  2. A statement that the public charter operator will retain direct control of all passenger reservation records and will share those records with the direct air carrier to ensure that, in the event of a major disruption in the program as occurred with Direct Air, the direct air carrier would be able to identify and contact tour participants regarding returning flights, and to ensure that the charter operator can fulfill its obligation to provide appropriate cancellation notices to those with reservations more than 10 days in the future; if a public charter operator contracts with a third-party for reservations service, a duplicate, current copy of all reservations records must be accessible to the tour operator at all times.

As a matter of enforcement policy, the Enforcement Office will consider any voucher program such as that offered by Direct Air a per se violation of 14 CFR Part 380, and if that office discovers such a program it will pursue immediate enforcement action. A voucher program that accepts consumer funds without the consumer entering into a contract with specific flight dates is not the equivalent of the operator-participant contract required under Part 380 and does not provide protection of consumer funds under the escrow provisions of section 380.34.

This revised policy regarding approval of charter prospectuses will take effect 30 days from the date of this notice. Prospectuses filed after that date will not be accepted without the supplemental statements, outlined above.

In a future rulemaking, the Department may address the use of debit cards in purchasing charter air transportation.

By: Paul Gretch

Public Charter Office Prospectuses and Waivers

Index



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